No decision in Seminole 'stand your ground' claim

On the eve of the next court date for second-degree murder defendant George Zimmerman, the judge in that case on Monday heard testimony on another defendant's claim to immunity from prosecution under Florida's "stand your ground" law.

Zimmerman says he killed 17-year-old Trayvon Martin in self-defense Feb. 26 in Sanford, and is expected to request a "stand your ground" hearing in April. Prosecutors allege he profiled, pursued and killed the teen.

On Monday Circuit Judge Debra Nelson heard testimony in the case of James Fraleigh, a Casselberry man who is accused of striking a neighbor with a shovel. Fraleigh says he did so in self-defense after the neighbor, Dylan Wells, attacked him.

The hearing Monday ended without a decision, after testimony overran the allotted time. It will continue on Thursday afternoon.

Fraleigh testified that Wells had been harassing him, stealing from him and damaging his property for months before the Jan. 7 incident. He said he was repairing damage his neighbors caused to his fence and nearby plants that night when Wells and another man entered his property and confronted him, shouting threats. Fraleigh armed himself with a shovel.

"I said, 'If you come near me I'm gonna hit you with this,' " Fraleigh testified. He said Wells tried to tackle him. "When he went for the final takedown, I hit him over the head to defend myself and to stand my ground."

However, prosecutor Mitch Ruark noted that, in addition to the shovel, Fraleigh had in his wheelbarrow a machete and an ax. Fraleigh said those were for working on his plants.

Ruark asked why, when the men began making threats, Fraleigh didn't simply return to his home. Said Fraleigh: "Under the self-defense law, I don't have to retreat."

A Casselberry police officer also testified, explaining that he'd been to Fraleigh's home twice that night — earlier, when Fraleigh called to complain that his fence was damaged, and later, after the alleged shovel assault was reported.

The officer said that during the earlier visit, Fraleigh was visibly angry and "stated that he would defend his property if they damaged his fence again."